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17-036 Scapes, Inc., City Hall Turf Reduction, Project No. 2017-03RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27283 23757655 Regina Alcomendras Santa Clara County -Clerk-Recorder 09/20/2017 12:17 PM Ti ties: 1 Fees : $0 .00 Taxes : $0 Total: $0 .00 Pages: 3 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NOTICE OF COMPLETION CITY PROJECT NAME: City Hall Turf Reduction Project City Project No. 2017-03 y;;f Original D For Fast Endorsement CUPERTINO Recording Requested By: When Recorded Ma il To: City of Cupertino 10300 Torre Ave . Cupertino , CA 95014 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE NOTICE OF COMPLETION Civil Code§§ 8182 , 8184 , 9204, and 9208 NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is the agent of the owner of the project described below. 2 . Owner's full name is : City of Cupertino, California. 3. Owner's address is: City Hall, 10300 Torre Ave ., Cupertino, CA 95014 . 4 . The nature of owner's interest in the project is : _i_ Fee Ownership Lessee Other: __________ _ 5. Construction work on the project performed on the owner's behalf is generally described as follows : City Project Name: (City Project No .: City Hall Turf Reduction Project 2017-03) Design and installation of replacement landscape with alternative low-water demand plantings and drip irrigation at the existing turf along Rodriquez Ave . and Torre Ave . fronting City Hall. 6 . The name of the original contractor for the project is: SCAPES Inc. 7. 8. The project was completed on : --'S=e=p'--'t=em'-'-=b-=-e'-r =5,'--'2=0'-'1C...C7 _____________ _ The project is located at: ___ __,_1-=-0=3 0=-0"--'-T-=-o"""rr=e-"-A"""v-=-e"""". , _,C'--'u=pc..:e"'"'rt"'"i n-'-"oc,.., --=C"'-A-"--9=5=-0=-1'-4'----- Verification : In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I kno~d understand the contents of this notice, and that the facts stated in this notice are tru ~eand e-c5i'.re'cf / September 14, 2017; Santa Clara County ~-2-l1A Date and Place 'SJQn f re Timm Borden Director of Public Works "NO FEE" City of Cupertino NOTICE OF COMPLETION is hereby given in order to comply with the provisions of Section 27283 of the Government Code. This is to certify that the Notice of Completion dated September 14, 2017 for CITY PROJECT NAME: City Hall Turf Reduction Project City Project No. 2017-03 and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on September 14, 2017 and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: September 20, 2017 ByL~~ Senior Office Assistant DOCUMENT 00520 CONTRACT Project No. 2017-03 ;/,~ux~ P,.e>S . THIS CONTRACT, dated this 22 nd day of March , 2017, by and between SCAPES, INC. whose place of business is located at 12344 San Mateo Rd., Half Moon Bay, CA 94019 ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS, City, on the 21st day of March, 2017 awarded to Contractor the following Project : PROJECT NUMBER 2017-03 CITY HALL TURF REDUCTION NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications , Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2 .1 City has designated Katy Jensen, Capital Improvement Program Manager, to act as City 's Authorized Represe ntative(s), who will repres (')nt City in-performing City 's-duties and re spon s ibilities-and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City 's Authorized Representative(s), or delegate one or more specific functions to one or more specific City 's Representatives , including without limitation engineering, architectural, inspection and general administrative functions , at any time with notice and without liability to Contractor. Each City 's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities . 2 .2 City has designated John Northmore Roberts & Associates Landscape Architectural Consultant. City may change the identity of the Landscape Consultant at any time with notice and without liability to Contractor. 2.3 City has designated Gilbane Building Company to act as Construction Managers . City may change the identity of the Construction Manager at any time with notice and without liability to Contractor. 2.4 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue , Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The Contract Time will commence to run on the date indicated in the Notice to Proceed . City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Conditions) by June 19 , 2017. City of C upertino 00520 -I Contract City Ha ll Turf Reduction Project No. 201 7-0 3 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial lo ss in the form of contract administration expenses (such as project management and consu lt ant expenses), if a ll or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work . Accordingly , City and Contractor agree that as liquidated damages for delay Contractor shall pay City : 3.2 .1 $1 ,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve Fina l Completion of the ent ir e Work as specified above. 3.2.2 $3,000 for each occurrence of a violation of Document 00800 , Section 1.7 WORK DAYS AND HOURS. 3.2.3 Three Months Sa lary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor can demonstrate to City's satisfaction is beyond Contractor's control. Liquidated damages shall apply cumulatively and , except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. Contractor should be aware that California Department of Fish and Game , and other State and Federal agencies , may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered species. Contractor hereby agrees to become fami liar with and adhere to wildlife and endangered species protection requirements . 3 .3 Liquidated damages for delay shall only cover administrative, overhead , interest on bonds, and genera l loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work , lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, sub contractors, tenants, or other third-parties), and defense costs thereof. Article 4. Contract Sum 4 .1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid , attached hereto: See Exhibit "A" attached Article 5. Contractor's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal , state and local laws and regulations that in any manner may affect cost, progress , performance or furnishing of Work or which relate to any aspect of the means , methods , techniques , sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor ha s examined thoroughly and understood all reports of exploration and te sts of subsurface conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of phy sica l conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings . Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. City of Cupertino 00520 - 2 Contract City Hall Turf Reduction 5.3 5.4 5.5 5.6 5.7 Project No . 2017-03 Contractor agrees that except for the information so identified , Contractor does not and shall not rely on any other information contained in such reports and drawings. Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities , and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work , as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum , within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations , investigations, explorations, tests , reports , studies or similar information or data are or will be required by Contractor for such purposes. Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. Contractor is duly organized , existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting _____ Code__§ALOO eLseq.-i n document-OOJ.40 (Subcontractor-s-List 1--------------- Article 6. Contract Documents 6 .1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: City of Cupertino Document 00400 Bid Form Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications Document 00510 Notice of A ward Document 00520 Contract Document 00530 Insurance Forms Document 00550 Notice to Proceed Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00800 Special Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Technical Specification/Special Provisions Addenda(s) Drawings/Plans 00520 -3 City Hall Turf Reduction Contract Project No . 201 7-0 3 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6 . Document 003 2 0 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied therein , are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). Article 7. Miscellaneous 7 .1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meanin g indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority , or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7 .3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq . 7.4 The Contract Sum includes all allowances (if any). 7 .5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights , title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 ( commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods , services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties . 7 .6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations , are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http ://www.dir.ca.gov/DLSR/PWD/Northern .html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers ' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part , term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered , be declared invalid , void or unenforceable , all remaining parts , terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived , they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law . In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County . Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue . Contractor accepts the Claims City of Cupertino 00520 -4 Contract City Hall Turf Reduction ProjectNo. 2017-03 Procedure in Document 00700 , A1ticle 12 , established under the California Government Code, Title I , Division 3.6 , Part 3 , Chapter 5. C ity of Cupertino 00520 - 5 Co ntrac t City Hall T~r f Reduction Project No. 2017-03 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the da y and year first above written . CITY HALL TURF REDUCTION CITY: CITY OF CUPERTINO, a Municipal Corporation of the State of California Att~~tf ~/4 City Clerk: Grace Schmidt l( _ G -r 7 Approved as to form by City Attorney : ~ City Attorney: Randolph Stevenson Hom I hereby certify, under penalty of perjury , that David Brandt, City Manager of the City of Cupertino was duly authorized to execute this document on behalf of the City of Cupertino . avidrandt, City Manag~ City of Cupertino, a Municipal Corporation of the State of California Designated Repres entative : Name: Timm Borden Title : Director of Public Works Address: 10300 Torre Ave ., Cupertino , CA 95014 Phone: 408-777-3354 Facsimile: 408-777-3333 AMOUNT: $ 223,000.00 ACCOUNT NO: 420-99-033-900-905-CIV004-03-0l FILE NO.: 2017-03 CONTRACTOR: SCAPES, INC. By ~C//UX~ [ignature] LANE L. POMS [Please print name here] Title: PRES;IDENT ::~~~ ~nS o, Vk, Pmid'"t] 'gn-;;;1/ ·coTT POMS ' [Please print name here] Title: VICE PRESIDENT . $€-G. ! ~'() [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] 776147 State Contractor's License No . Classification 03/31/2018 Expiration Date Taxpayer ID No ._9_4_-_3_3_5_0 _2_0_3 ______ _ Name: SCOTT POMS Title: VICE PRESIDENT 12344 San Mateo Road , Half Moon Bay, CA 94019 Phone: 650-712-4460 Facsimile: 650-712-4408 NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FED ERA L TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCAAL SE CURITY NO. IS REQUIRED END OF DOCUMENT City of C upertino 00520 - 6 Contract C ity Hall Turf Reduction CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Ca~ ~ ) Co22;~"'~0 ~ 7) ,#, On ~' ~ ~IZ before me, ~ ~-C1/U-ah a/ Date ~ . k_ Here Insert Name and TitTeori,; Officer personally appeared ~ _ _s Name(s) of Signer(s) who proved to me on the basis of satisfactory ev idence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. LESLIE OECRISTOFERI Notary Pµblic -California San Mateo County Comminion 11 2176397 Comm. Ex ires Jan 18, 2021 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signat ~fj«-?-('" i;g;a• ~,y Public ----------------oPnONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ , 1 Corporate Officer -Title(s): ______ _ J Partner -r·J Limited 1-:; General I i Individual t I Attorney in Fact :_: Trustee 1_ ! Guardian or Conservator 1 i Other: ______________ _ Signer Is Representing: _________ _ Signer's Name: ____________ _ · J Corporate Officer -Title(s): ______ _ :1 Partner -1 ·: Limited 1-1 General I '. Individual ' J Trustee 1 J Attorney in Fact , l Guardian or Conservator ] Other: _____________ _ Signer Is Representing: _________ _ .~~'@,~~'Q(,~~'g,~'Q<--g,'<e'<,~·~.z;~i,,og,;g,-g,s;,x,~'g(,~~~~ ©2014 National Notary Association· www.NationalNotary .org • 1-800-US NOTARY (1-800 -876-6827) Item #5907 \·d· .. J... ·t } ·,, EXHIBIT A Contractor's Name: __ s_c_A_P_E_S_, _I_N_C_. _____ _ Project No. 2017-03 DOCUMENT 00400 BID FORM To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders). TO THE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO THIS BID IS SUBMITTED BY: SCAPES I INC. (Firm/Company Name) Re: PROJECT NUMBER 2017-03 CITY HALL TURF REDUCTION I. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Contract), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to do so will result in the b id being rejected as non-responsive . 2. Bidder accepts all of the terms and conditions of the Contract Documents, Document 00100 (Advertisement for · ------------M· id s:),an d-Ek>eum e nt-902'00-(-Instructions-10-B-idders}, 'ncludirrg;-witlmur t imitatim.,tlr~e:rHng witn tn=c ______ _ disposition of Bid Security. This Bid will remain subject to acceptance fol' 90 Days after the day of Bid opening. 3. Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations, and analysis and given notices, regarding the Pmject and the Site, as set forth in Document 00520 (Contract), Article 5. 4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as·built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5. Subcontractors for work included in all Bid items, in accordance with the criteria in the Public Contract Code, are listed on the attached Document 00430 (Subcontractors List). 6 . The undersigned Bidder understands that City reserves the right to reject this Bid. 7. If written notice of th e acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200 (Instructions to Bidders) within the times specified therein. These documents include, but are not limited to, Document 00520 (Contract), Document 00610 (Construction Performance Bond), and Document 00620 (Construction Labor and Material Payment Bond). 8. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below on the signature page . I 0. The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible bank in the United States, or a corporate surety bond furnished by a surety authorized to do a surety business in City of Cupertino Bid Form City Holl Turf Reduction 00400 -1 EXHIBIT A Contractor's Name: SCAPES' INC· Project No. 2017-03 the State of California, in form specified in Document 00200 (Instructions to Bidders), in the amount of ten percent (I 0%) of the total of Base Bid and made payable to the "City of Cupertino". 11. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in Document 00700 (General Conditions) and to complete all work within the time specified in Document 00520 (Contract). The undersigned B idder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform independent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in accordance with the requirements of the Contract Documents. 12 . The undersigned Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated damages for failure to complete all Work in the Contract within the time specified in Document 00520 (Contract) shall be as set forth in Document 00520 (Contract). City of Cupertino Bid Form City Hall Turf Reduction 00400 -2 EXHIBIT A Contractor's Name: __ S_CA_P_E_S_, _I_N_C_. __ _ Project No . 2017-03 NOTICE Required Contractor and Subcontractor Registration [Applies if Bid is submitted on or after March I, 2015 or if Contract is awarded on or after April 1, 2015] City of Cup ertino 1. Owner shall accept Bids only from Bidders that ( along with all Subcontractors listed in Document 00430, Subcontractors List) are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5 . . Subj-e-crto-tabur eodeSect1on -77i-:1-(c) ancl-(o), any Bid not complying with paragraph, above, shall be returned and not considered; provided that if Bidder is a joint venture (Business & Professions Code Section 7029.1) or if federal funds are involved in the Contract (Labor Code Section 1771.l(a)), Owner may accept a non-complying Bid provided that Bidder and all listed Subcontractors are registered at the time of Contract award. Bid Fo rm City Hall Turf Reduction 00400 -3 EXHIBIT A Contractor's Name: __ S_C_A_P_E_S_, _I_N_C_. ____ _ Project No. 2017-03 SCHEDULE OF BID PRICES All Bid items, including lump sums and unit prices, must be filled in completely. Quote in figures only, unless words are specifically requested. j '[~M.· .·.: ::· .::,·;· :.;;:: COMPLETE THE WORK AS SHOWN IN TI-lE PROJECT l\tlANUAL - SPECIFICATIONS AND PLANS Unit Legend LS= Lump Sum EA= Each LF = Linear Feet TON= Ton or 2,000 Pounds CY = Cubic Yards LB= Pounds City of Cupertino City Hall Turf Reduction LS AL = Allowance SF = Square Feet 00400 -4 Bid Form EXHIBIT A Contractor's Name: __ S_C_A_P_E_S_, _I_N_C_. _____ _ Project No . 2017-03 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Addendum No . Addendum Date 1 02/15 /2017 2 02/15/2017 3 02/21/2017 Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the sums of money listed in this Bid Form. NAME OF BIDDER: ____ s_c_A_P_E_s_, _I_N_c_. ____________________ _ licensed in accordance with an act for the registration of Contractors, and with license number: _7_7_6_1_4 _7 _____ _ Expiration Date: 0 3 / 31 / 2 018 DIR Registration No.: IO O O O O 5 0 5 4 {}ALIFORNIA LANE L. POMS, PRESIDENT Where incorporated, if appli cable SCOTT H . POMS, VICE PRESIDENT ec are) under penalty of perjury under the laws of the NOTE: If Bidder is a corporation, set forth the legal name of the corporation, state where incorporated, together with the signature of the officer or officers authorized to sign contracts on behalfofthe corporation . If Bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership. Business Address: 12344 SAN MATEO ROAD Officers authorized to sign contracts: Telephone Number(s): Fax Number(s): E-Mail Address : City of Cupertino City Ha ll Turf Reduction HAT,F MOON BAY. CA 9401 9 LANE L. POMS SCOTT H PQMS Typed Full Name: 650-712-4460 650-712-4408 LANE@SCAPES.ORG, SCOTT@SCAPES.ORG END OF DOCUMENT Bid Form 00400 -5 EXHIBIT A Project No . 2017-03 DOCUMENT 00430 REQUIRED SUBCONTRACTORS LIST Bidder must provide the following Listed Subcontractor infonnation in conformance with the California Public Contract Code where the value of the Subcontractor's work is or exceeds½ of one percent (.05%) of the Base Bid or ten thousand dollars ($10,000), whichever is greater, on Document 00400. Failure to do so will render Bid Non Responsive. Bidder is reminded that Listed Subcontractors cannot be substituted by the Apparent Low Bidder after Bid has been submitted and opened, without City's formal approval. Name of Subcontractor Description of Subcontractor's DIR Registration and Location of Place of Business Work License No. Number POMS LANDSCAPING, INC. LABOR 523855 1000002757 .\eMf ~·~r u I 0000 40'0 2,z., f 1-y<tSS" f.evi <.,i, tr.a rve,t.ech~;~ Attach additional sheets if necessary City of Cupertino 00430 -1 Subcontractors List City Hall Turf Reduction EXHIBIT A Project No. 2017-03 NOTICE: Required Contractor and Subcontractor Registration [Applies if Bid is submitted on or after March I, 2015 or if Contract is awarded on or after April 1, 2015} 1) Owner shall accept Bids only from Bidders that (along with all Subcontractors listed in Document 00430, Subcontractors List) are currently registered and qualified to perform public work pursuant to Labor Code Section 1725 ,5. 2) Stibject to Labor Code Sections 1771.l(c) and (d), any Bid not complying with paragraph above, shall be returned and not considered; provided that if Bidder is a joint venture (Business & Professions Code Section 7029.1) or if federal funds are involved in the Contract (Labor Code Section 1771.1 (a)), Owner may accept a non-complying Bid provided that Bidder and all listed Subcontractors are registered at the time of Contract award. END OF DOCUMENT City of Cupertino 00430 -2 Subcontractors List City Hall Turf Reduction DOCUMENT 00481 NON-COLLUSION AFFIDAVIT PUBLIC CONTRACT CODE §7106 EXHIBIT A Project No. 2017-03 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID ST ATE OF CALIF0RN1A ) s All I ) ss COUNTY OFUJV\. fvLft1'"t'd) . ~-L . Po m s , being first duly sworn,, deposes and says that he or she is p r.e SL a en+ [Office of Affiant] of S Cl f=f.e' 5 1 rn c... [Name of Bidder), the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding, and that the Bidder has not in any manner, directly or indirectly, sought by contract, communication or conference with anyone to fix the Bid price of Bidder or any other bidder, or to fix any overhead, profit or cost element of the Bid price, or of that of any other bidder, or to secure any advantage against the City of Cupertino, or anyone interested in the proposed contract; that all statements contained in the Bid are true; and further, that Bidder has not, directly or indirectly, submitted its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay , any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. Subscribed and sworn before me _______________________________ _ This ___ day of _______ , 20_ Notary Public of the State of ____________ _ In and for the County of ______________ _ See 11-fk.J J My Commission expires _______________ _ (Seal) (If Bidder is a partnership or a joint venture, this affidavit must be signed and sworn to by every member of the partnership or venture.) (If Bidder [including any partner or venturer of a partnership or joint venture] is a corporation, this affidavit must be signed by the Chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.) (If Bidder's affidavit on this form is made outside the State of California, the official position of the person taking such affidavit shall be certified according to law.) END OF DOCUMENT City of Cupertino 00481 -I Non-Collusion Affidavit City Hall Twf Reduction A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Mateo Subscribed and sworn to (or affirmed) before me on this :2 9- day of February , 20 r~. by /-()l}e L, Pom.r proved to me on the basis of satisfactory evidence to be the person~ who appeared before me. Signature U -k EXHIBIT A CITY OF fl Project No. 2017-03 CUPERTINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against li ability for worker 's compensation or undertake self- insurance in accordance with the provisions of that Code, and wi ll comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors wi ll carry worker's compensation insurance for the protection of its emp lo yees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City 's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C . Contractor shall carry at al l times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's al l risk insurance. Al l insurance coverage shal l be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker 's compensation coverage , shall name the City, its engineer, and each of its directors , officers , agents and emp loyees, as determined by the City , as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financia l rating of at least Class VII in accordance with the current Best 's Guide Rating or that is otherwise acceptable to the City. D . Before Contractor performs any work at , or prepares or delivers materials to , the site of construction , Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the forego in g insurance sha ll not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing , Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best 's Gu id e Rating of A, Class VII or better or that is otherwise acceptable to the City. City of C upertino 005 30 · 2 In surance Form s City Hall Turf Reduction Proj ect N o . 2017-03 LIMITS Worker 's Compensation & Employers ' Liability General Liability -commercial general liability ; including provisions for contractual liability, personal injury, independent contractors and products -completed operations hazard. Automobile Liability -comprehensive covering owned, non-owned and hired automobiles. In accordance with the Worker's Compensation Act of the State of California -Worker 's comp "statutory" per CA Law ; Employers ' Liability $1 ,000 ,000 per occurrence. Combined single limit of $2.0 million per occurrence; $4.0 million in the aggregate Combined single limit of $1.0 million per occurrence. SCAPES, INC. (Contractor's Name) Byb X~ L~L.POMS Dated: 04/05 2017 ------------ C ity of C upe rtino 005 3 0 - 3 In s urance Forms C it y Hall Turf Reduction ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~-04/05/2017 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW . THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED , the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-851-7740 CONTACT Ella Exton (Account #145410) NAME: Florists' Mutual Insurance Company/Hortica, PHONE 800-851 -7740 ext 1956 I FAX 866-819-9256 Florists' Insurance Services Inc IA/C No Extl : (A/C Nol: PO Box 428 E-MAIL ella.exton@hortica .com ADDRESS: 1 Horticultural Lane Edwardsville, IL 62025 INSURER(S) AFFORDING COVERAGE NAIC# Nicole Akemon INSURER A : FLORISTS MUT INS CO 13978 INSURED INSURER B : WESCO INS CO 25011 Poms Landscaping Inc dba: Poms Landscaping; INSURER C : Scapes Inc dba: Scapes Landscape Company 12344 San Mateo Road INSURER D : Half Moon Bay, CA 94019 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 49561687 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLI CY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT , TERM OR COND ITI ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE IS SUED OR MAY PERTAIN , THE INS URANCE AFFORDED BY THE POLICIES DE SC RIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXC LUSION S AND COND ITI ONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR ,~3rJg~l ,~3rc1%M~i LTR TYPE OF INSURANCE ,.,~n Wl'n POLICY NUMBER LIMITS A GENERAL LIABILITY BP 09738 11 /15/H 11/15/17 EAC H OCC URR EN CE $1,000,000 -DAMAGE TO RENTEO X COMM ERC IAL GENERAL LI AB ILIT Y PREMISES (Ea occu rrence) $1,000,000 -D CLAIMS-MAOE 0 OCCUR MED EXP (A ny one pe rso n) $ 5,000 PERSONAL & ADV INJU RY $1,000,000 - GENERA L AGGREGATE $2 ,000,000 - GEN'L AGGREGATE LIMIT APP LI ES PER : PROD UCTS -COMP/OP AGG $2,000,000 n POLICY !Xl P,tR-i n LOC $ A Al ITQMO,J!J.L.EJJABJJ.'~ ""~ O OJiJl 7 4 11 /15/H 11/15/17 COM BINE D SINGLE LI MI T ~ ~ , o-o·o-;-o·o-v Ea acc1cfent ~ X ANY AU TO BODIL Y INJU RY (Pe r person) $ ~ ALL OWNED -SC HEDU LED BODILY INJURY (Per acci dent) $ ~ AUTOS -AU TOS X X NON-OWNED PROP ERTY DAMAGE $ HIRE D AUTOS AU TOS (Per accide nt\ ~ $ A X UMBRELLA LIAB H OCCUR EX 09350 11/15/lE 11/15/17 EAC H OCCURRENCE $5 ,000,000 - EXCESS LIAB CLA IMS-MADE AGGREGATE $5,000,000 OED I X I RETENTI ON$ 10,000 $ B WORKERS COMPENSATION WWC3260977 03 /01/1 03/01/18 X I T~gJ TtJ#;; I I OTH-ER AND EMPLOYERS ' LIABILITY Y/N ANY PROPRIET OR/PARTNER/EXECUTIVE D EL EACH ACC IDE NT $1,000,000 OFFICE R/M EMBER EXCLUDED? N/A (Mandatory in NH) EL DISEASE -EA EMPLOYEE $1,000,000 If yes, descri be under DESCRIPTION OF OPERAT IONS below EL DISEASE -POLICY LIMIT $1,000,000 A Pe~t1c1ae;Hero1c1ae BP 09738 11/15/lt 11/15/17 Per Occurrence 1,000,000 Applicator Coverage Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space is required) The City of Cupertino ("City") and its directors , officers , engineers, agents and employees , and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, are listed as their interests may appear per attached forms LCA 2031 (07/12), CG 2503 (05/09), ILFMOl (01/12), CA 2048 (10/13), AMA -WOS-CA (01/15) and WC040306 (01/84) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE ACCORDANCE WITH THE POLICY PROVISIONS . WILL BE DELIVERED IN 10300 Torre Avenue AUTHORIZED REPRESENTATIVE y~ Cupertino, CA 95014 I USA © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD eexton 49561687 POLICY NUMBER: BP o 9 7 3 8 COMMERCIAL GENERAL LIABILITY L CA 20 31 07 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CONTRACTORS BLANKET ADDITIONAL INSURED · WHEN REQUIRED BY WRITTEN CONTRACT ONGOING & COMPLETED OPERATIONS-BLANKET WAIVER OF SUBROGATION-PRIMARY & NONCONTRIBUTORY This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (optional -see Paragraph A.) Name Of Person(s) Or Organization(s) as required by "written contract": The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees A . ADDITIONAL INSURED -CONTRACTORS SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person(s) or or- ganization(s) you are required by a "written contract" to add as an additional insured on this Coverage Part. The "written contract" requ irement for additional in- sured status is automatically fulfilled for any addi- tional insured shown in the Schedule above . However: 1. If an additional insured(s) is a builder , general contractor or contractor not affiliated with the builder ; and Location(s) And Description of Covered Operations per the "written contract": 10300 Torre Avenue, Cupertino, CA 95014 2. You have entered into a residential construction contract subject to the requirements of California Civil Code Section 2782(c) with such builder or contractor; then such bu ilder or contractor is an additional in- sured under this endorsement but only to the extent of the liability for "bodily injury", "property damage" or "personal and advertising injury" that you have assumed in the residential construction contract with that party . B. Coverage provided to such additional insured(s) is limited as follows : L CA 20 31 07 12 Florists ' Mutual Insurance Company -Edwardsville , Illinois Page 1 of 3 Includes copyrighted material of Insurance Services Office , Inc ., with its permission. 1. ONGOING OPERATIONS: Such person(s) or organization(s) is an addi - tional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused , in whole or in part, by: (a) Your acts or omissions; or (b) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations as specified in the "written contract". 2. COMPLETED OPERATIONS: (a) Such person(s) or organization(s) is an addi- tional insured with respect to liability includ- ed in the "products-completed operations hazard " for "bodily injury" or "property dam- age" caused , in whole or in part, by "your work " only if: i. The "written contract" requires you to pro - vide the additional insured such cover- age; and 2. The rendering of, or the failure to render, any professional architectural , engineering or sur- veying services , including : (a) The preparing , approving , or failing to pre- pare or approve, maps, shop drawings , opinions , reports , surveys , field orders , change orders or drawings and specifica- tions; or (b) Supervisory, inspection , architectural or engineering activities . This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitor- ing of others by that insured, if the "occurrence" which caused the "bodily injury" or "property dam- age", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, en- gineering or surveying services . D. ADDITIONAL INSURED · LIMITS With respect to the insurance afforded to these addi- ii. "Your work" included in th e "p rod ucts-tional insureds , the following is added to SECTION completed operations hazard" is limited Ill_ LIMITS OF INSURANCE: to the location designated and described in the "written contract". The most we will pay on behalf of the additional in - sured is the amount of insurance: (b) Such coverage for the additional insured ends at the earliest of the following : 1. Required by the "written contract"; or i. The date specified in the "written con-2. Available under the applicable Limits of lnsur- ---------tfaG "; eF-----------------..,..r:ice-sl:low r:+-ir:i-the-Oeclaratior:is~; ---------- ii. Five years from the completion of "your whichever is less. work " included in the "products-This endorsement shall not increase the applicable completed operations hazard" as desig-Limits of Insurance shown in the Declarations. nated and described in the "written con- tract ". 3. Coverage provided to such additional insured(s) described in Paragraph A is limited as follows : (a) The insurance afforded to such additional insured only applies to the extent permitted by law; and (b) Will not be broader than the lesser of what is afforded to you under this Coverage Part or that which you are required by the "writ- ten contract" to provide for the additional insured . (c) Does not apply to any person(s) or organi- zation(s) covered as an additional insured on any other endorsement attached to this Coverage Part. C. ADDITIONAL INSURED · EXCLUSIONS With respect to the insurance afforded to these addi- tional insureds , the following additional exclusions apply: This insurance does not apply to : 1. The sole negligence of the additional insured. E. ADDITIONAL INSURED -PRIMARY AND NONCONTRIBUTORY SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, 4 . OTHER INSURANCE is amended for the additional insured by the addition of the following , superseding any provision to the contrary: If required by "written contract", this insurance is primary to and will not seek contribution from any other insurance maintained by an additional insured under your policy if the additional insured is a Named Insured under such other insurance. F. ADDITIONAL INSURED -DUTIES: SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 2. DUTIES IN THE EVENT OF OCCURRENCE , OFFENSE , CLAIM OR SUIT are amended to add the following conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practical : 1. Give us written notice of an "occurrence " or an offense which may result in a claim or "suit" under this insurance . L CA 20 31 07 12 Florists' Mutual Insurance Company -Edwardsville , Illinois Page 2 of 3 Includes copyrighted material of Insurance Services Office , Inc ., with its permission . 2. Provide us any written documentation which triggered additional insured status or waiver of recovery rights . 3. Provide us copies of all legal papers received and otherwise cooperate with us in the investi- gation , defense or settlement of the claim or suit". We have no duty to defend or indemnify an addi - tional insured under this endorsement until we re- ceive written notice of a claim or "suit" from the ad- ditional insured. G. ADDITIONAL INSURED -DEFINITIONS: SECTION V -DEFINITIONS is amended for this endorsement by the addition of the following : 1. "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part , provided the written contract or written agreement: (a) Is effective during the term of this Cover- age Part ; and (b) Was signed by you prior to the "bodily inju - ry ", "property damage" or "personal and advertising injury " offense applicable to this Coverage Part ; and (c) Pertains to your ongoing operations or "your work" included in the "products- completed operations hazard " for the addi- tional insured . 2. The definition of "insured contract" is modified for the additional insured as follows : Paragraph f . of the "insured contract " definition does not apply to "bodily injury " or "property damage" included within the "products -com- pleted operations hazard " unless required by the "written contract". H. BLANKET WAIVER OF SUBROGATION SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS , 8. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following : We waive any right of subrogation we may have against any person(s) or organization(s) with whom you have signed a written contract or written agree- ment that requires such a waiver . This waiver applies only if the written contract or written agreement is : 1. Signed by you prior to the "bodily injury ", "prop- erty damage " or "personal and advertising inju- ry " offense applicable to this Coverage Part and ; 2. Effective during the term of this Coverage Part and is an "insured contract" and ; 3. Applicable to your ongoing operations or "your work " included in the "products-completed op- erations hazard ". L CA 20 31 07 12 Florists' Mutual Insurance Company -Edwardsville, Illinois Page 3 of 3 Includes copyrighted material of Insurance Services Office , Inc ., with its permission . POLICY NUMBER : BP 09738 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): City Hall Turf Reduction Project Number 2017-03 10300 Torre Avenue, Cupertino, CA 95014 Information required to complete this Schedule , if not shown above , will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur-damages or under Coverage C for medical rences" under Section I -Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for ------~eetion-t-=-eoverage-e,whic h-car,be-attribate r+------+harctesignate-c:J-constrrrctiur,projec . &rc·l.------ only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des-any other designated construction project ignated construction project , and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations . Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply . Aggregate Limit is the most we will pay for the However , instead of being subject to the sum of all damages under Coverage A, ex-General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included in the "products-cable Designated Construction Project Gen- completed operations hazard", and for medi-eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a. Insureds ; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 © Insurance Services Office , Inc ., 2008 Page 1 of 2 0 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which cannot be at- tributed only to ongo ing operat ions at a single designated construction project shown in the Schedule above : 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit , whichever is applicable ; and 2. Such payments shall not reduce any Desig - nated Construction Project General Aggre - gate Lim it. C. When coverage for liability arising out of the "products -completed operati ons hazard" is pro - vided , any payments for damages because of "bodily injury " or "property damage" included in the "products-completed ope rations hazard" will reduce the Products-completed Operations Ag- gregate Lim it , and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned , delayed , or abandoned and then restarted, or if the authorized contract- i ng parties deviate from plans , blueprints , de - signs , specifications or timetables , the project will still be deemed to be the same construction pro - ject. E. The provisions of Section Ill -Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Serv ices Office , Inc ., 2008 CG 25 03 05 09 D POLICY NUMBER: BP 0 973 8 IL FM 01 01 12 THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION FOR DESIGNATED PERSON(S) OR ORGANIZATION(S) This endorsement modifies insurance provided under the following : ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE OF PERSON(S) OR ORGANIZATION(S) Name and Mailing Address: City of Cupertino 10300 Torre Avenue Cuper tin o , Cal i fornia 95014 Should this policy be cancelled , as a courtesy to you we agree to send by first-class mail a copy of your written notice of cancellation to the mailing address of the per- son(s) or organization(s) listed in the Schedule above . These scheduled entities requested such notice and their names and addresses were provided to us by you , your additional insured or your agent. Cancellation notices for any statutorily permitted reason other than non-payment of premium will be mailed the number of days shown in the Schedule above. Cancellation notices for non-payment of premium will be mailed at least ten days prior to the effective date of cancellation . If notice is mailed , proof of mailing to the address shown in the Schedule above will be sufficient proof of notice . In no event will notice of cancellation be less than the Number of Days' Notice Prior to Effective Date of Cancellation: 30 minimum number of days required by the jurisdict ion to which this endorsement applies . Our obligation to send notice to the person or organiza- tion listed in the Schedule above will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person or organization to maintain insurance cov- erage under a policy which requires that such person or organization be notified in the event of cancellation . Failure by us to mail such notice will not impose liability of any kind upon us or our agents , nor will it amend or extend the date the cancellation becomes effective , nor will it negate cancellation of the policy . All other terms and conditions of this policy remain un- changed. ILFM010112 Florists' Mutual Insurance Company -Edwardsville , Illinois Pag e 1 of 1 Includes copyrighted material of Insurance Services Office , Inc ., with its permission . POLICY NUMBER: FMA 006874 IL FM 01 01 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION FOR DESIGNATED PERSON(S) OR ORGANIZATION(S) This endorsement modifies insurance provided under the following : ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE OF PERSON(S) OR ORGANIZA TION(S) Name and Mailing Address: City of Cupertino 10300TorreAvenue Cupertino, California 95014 Should this policy be cancelled , as a courtesy to you we agree to send by first-class mail a copy of your written notice of cancellation to the mailing address of the per- son(s) or organization(s) listed in the Schedule above . These scheduled entities requested such notice and their names and addresses were provided to us by you , your additional insured or your agent. Cancellation notices for any statutorily permitted reason other than non-payment of premium will be mailed the number of days shown in the Schedule above. Cancellation notices for non-payment of premium will be mailed at least ten days prior to the effective date of cancellation . If notice is mailed , proof of mailing to the address shown in the Schedule above will be sufficient proof of notice . In no event will notice of cancellation be less than the Number of Days' Notice Prior to Effective Date of Cancellation: 30 minimum number of days required by the jurisdiction to which this endorsement applies. Our obligation to send notice to the person or organiza- tion listed in the Schedule above will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person or organization to maintain insurance cov- erage under a policy which requires that such person or organization be notified in the event of cancellation . Failure by us to mail such notice will not impose liability of any kind upon us or our agents , nor will it amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy . All other terms and conditions of this policy remain un- changed. ILFM010112 Florists' Mutual Insurance Company -Edwardsville, Illinois Page 1 of 1 Includes copyrighted material of Insurance Services Office , Inc ., with its permission . POLICY NUMBER: FMA oo6B74 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form . This endorsement does not alter coverage provided in the Coverage Form . This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Poms Landscaping Inc dba : Poms Landscaping; Scapes Inc dba: Scapes Landscape Company Endorsement Effective Date: 11 ;1s/16 SCHEDULE Name Of Person(s) Or Organization(s): The City of Cupertino {"City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors , officers , engineers, agents and employees, and the State of California, and its officers, agents and employees Information required to complete this Schedule , if not shown above , will be shown in the Declarations . Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form . CA 20 4810 13 © Insurance Services Office , Inc ., 2011 Page 1 of 1 POLICY NUMBER: FMA 006014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement , the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Poms Landscaping Inc dba: Poma Landscaping; Scapes Inc dba: Scapes Landscape Company Endorsement Effective: 11;1s/16 SCHEDULE Name Of Person(s) Or Organization(s): The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, and employees, and the State of California, and its officers , agents and employees Additional Premium I$ Information required to complete this Schedule , if not shown above , will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organ- ization(s) shown in the Schedule , but only to the extent that subrogation is waived prior to the "accident" or the "loss " under a contract with that person or organization . FLORISTS ' MUTUAL INSURANCE COMPANY Edwardsville, IL AMA-WOS-CA (01 /15) Includes copyrighted material of Insurance Services Office , Inc., with its permi ssion . WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy . We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us .) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers ' compensation premium otherwise due on such remuneration. Schedule Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated . Endorsement Effective 3/1/2017 Policy No . \/WI/C3260977 Insured Insurance Company Scapes Inc . (A Corp) Wesco Insurance Company Countersigned by Endorsement No . WC040306 Premium$ DO CU M ENT 00610 CONSTRUCTION PERFORMANCE BOND Project No. 20 I 7 -03 Bond #CSB0016821 Pre mium : $4,345 .0 0 THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated March 22 , 20 17 Two Hundred Twenty Two Thousand Dollars ($223 ,000.00) is in the penal s um of _________________________ [which is one hundred percent of the Contract Price], a nd is entered into by a nd be tw ee n the parties listed be low to ensure the faithful performance of the Construction Co ntract listed be lo w. This Bond con s ists of thi s page and th e Bond Terms and Conditions , paragra ph s I tlu·ough 12, attached to thi s page. Any sin g ular reference to Sc apes, Inc ("Contractor"), Contractors Bonding and In surance Company ("Surety"), the City of Cupertino , a Municipal Corporation of the State of Ca liforni a ("City") or other party shall be considered plural where app lic able. CONTRACTOR: Scapes, Inc Name 12344 San Mateo Road Address Half Moon Bay, CA 94019 City/State/Zip CONSTRUCT ION CONTRACT: at Cupertino, Ca liforn ia. DA TED March 23 CONTRACTOR AS PRINCIPAL SURETY: Contractors Bonding a nd Insurance Company Name 250 Montgomery Street , Suite 720 Principal Pl ace of Business San Francisco , CA 94104 City/State/Zip CITY HALL TURF REDUCTION PROJECT NUMBER 2017-03 , 2 0 2Z_ in the Amount of $_2_2_3,_o_o_o_.o_o _________ (the "Penal Sum") SURETY Co mpany: (Corp. Seal) ~ Scapes, Inc~ ~ Signature: /JJl._,t_. ~ Name and TJL WJ§f-L f o y(} S' 1 Name and Title : David Weise , Attorney-In-Fact (£_5· 1·-t BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severa lly , bind them se lves , their heirs, executors , administrators , successors and assigns to C ity for the complete and prop er performance of th e Co nstruction Contract, which is incorporated h ere in by reference . 2. If Contractor comp lete ly a nd properly performs a ll of its obligations und er the Co nstruction Contract, Surety and Contractor sh a ll have no obligation under thi s Bond. 3 . If there is no C ity Defa ult, Surety 's obli gation und er thi s Bond shall arise afte r : 3.1 C ity has d ec lared a Contractor Defa ult under th e Construction Contract purs ua nt to the term s of the Co n struction Co ntract ; and 3.2 C ity has agreed to pay the Balance of th e Co ntract Sum: 3.2.1 To Surety in accordance with the terms of this Bond and th e Co nstru ction Co ntra ct; or C ity of C up ertin o 006 10 -I Construction Performan ce Bo n d C ity Ha ll Turf Reduction Project No . 20 17-0 3 3 .2 .2 To a contractor selected to pe1form the Construction Contract in accordance with the terms of this Bond and the Construction Contract. 4 . When City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety 's expense e lect to take one of the following actions: 4.1 Arrange for Contractor, with consent of City , to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2 , 4 .3 or 4.4, below); or 4 .2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; provided , that Surety may not select Contractor as its agent or independent contractor without City's consent; or 4.3 Unde1take to perform and complete the Construction Conh·act by obtainin g bids from qualified contractors acceptable to City for a conh·act for performance and comp let ion of the Construction Contract, and , upon determination by City of the lo west re sponsible bidder, atTange for a contract to be prepared for execution by City and the contractor selected with City's concmTence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Conh·act; and , if Surety 's obligations defined in paragraph 6, below, exceed the Balance of the Contract Sum , then Surety shall pay to City the amount of such excess; or 4.4 Waive its right to perform and comp lete , arrange for completion , or obtain a new conh·actor and with reasonable promptness under the circumstances , and , after investigation and consultation with City, determine in good faith its monetary obl igation to City under paragraph 6, below, for the performance and comp letion of the Construction Contract and, as soon as practicable after the amount is determined , tender payment therefor to City with full explanation of the payment 's calcu lation . If City accepts -----------~-.ure~s_te.nder.....und.eLthi.s.....paragraplwL4.,-Ci.cy.....may-stilLholcLS.w:ety-liab.le-f.ot:-future-daniag.es heni----- unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce Surety's liability under paragraph 6, below. 5. If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perfonn its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Constructio n Conh·act including, without limitation, and by way of examp le only, rights to perform work, protect work, mitigate damages, advance critical work to mitigate sched ule delay , or coordinate work with other consultants or contractors. 6. Surety 's monetary ob li gation under this Bond is limited by the Amount of thi s Bond identified herein as the Penal Sum . Thi s monetary ob li gation shall augment the Balance of the Contract Sum. Subject to these limi ts , Surety 's obligations under this Bond are commensurate with the obligations of Contractor under the Consh·uction Contract. Surety's obligations shall include , but are not limited to: 6.1 The responsibilities of Contractor under the Construction Conh·act for completion of the Construction Contract and conection of defective work; 6.2 The responsibilities of Conh·actor under the Construction Conh·act to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-perfonnance of the Construction Conh·act including, but not limited to, all va lid and proper backcharges, offsets, payments , indemnities , or other damages ; 6.3 Additional legal , design profe ss ional and del ay costs resulting from Conh·actor Default or resulting from the actions or failure to act of the Surety under paragrap h 4, above (but exc luding attorney's fees incmTed to enforce this Bond). 7 . No right of action s hall accrue on this Bond to any perso n or entity other than City or it s s uccessors or assigns . City of Cupe rtino 006 I O -2 Co nstru ction Perfo rmanc e Bond City Hall Turf Reduction Project N o.2017-03 8. Surety hereby waive s notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations , including changes of time . Surety consents to all terms of the Con struction Contract, including provisions on changes to the Contract. No extension of time , change, alterat ion , modification, deletion , or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in an y way affect the obligations of Surety on this Bond. 9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jw·isdiction where a proceeding is pending between City and Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located . Communications from City to Surety under paragraph 3 .1 of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unles s expressly stated otherwi se. 10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actua l receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to s uch statutory requirement shall be deemed incorporated herein . 12. Definition s . 12 .1 Balance of the Contract Sum : The total amount payable by City to Contractor pursuant to the term s of the Con struction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made , and increases/decreases for approved modifications to the Construction Contract. 12 .2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond , including all Contract Docume nt s and changes thereto . 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived , to perform or otherwise to comply with the terms of the Construction Contract including, but not limited to , "default" or any other condition allowing a tem1ination for cause as provided in Document 00700 (General Conditions). 12.4 C ity Default: Material fai lure of City, which has neither been remedied nor waived , to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Defau lt and is sufficient to justify Contractor termination of the Construction Contract. END OF DOCUMENT C ity of C up e rtino 00610 -3 Con s tru c ti o n P e rform a nce Bo nd C ity Ha ll T urf Redu c ti o n California All Purpose Acknowledgment A notary public or oth er o ffi cer co mple ting this certifi c a te verifies on ly the ide ntity o f th e indi vidual w h o sig n ed th e document to wh ich thi s certificate is attached, and not th e truthfulness, accuracy, or val id ity of that document. State of County of California Sacramento On __ M_ar_c_h_2~3_,~2~0~11~----, before me, Lynn Patton , Notary Public Date Name & Titl e of O ffi cer/Notary personally appeared David Weise ---------------------------Names(s) of Signers(s) who prov ed to me on the basis of satisfactory evidence to be the person-f5-}-whose name-f5-}-is/EUB subscribed to the within instrument and acknowledged to me that he/me/me-y executed the same in hi s/RBf/#:te+F authorized capacity-f+e5-t--,-and that by his/Ref/#:te+F signature-f5-}-on the instrument the person-f-5-t-, or the entity upon behalf of which the person-{-5--}-acted, executed the instrument . I certify under PENALTY O F PERJURY under the laws of the State of California that the foregoing paragraph is true and correct . LYNN PATTON WITNESS my hand and official seal. ~ Notary Public -California i Sacramento County i z Commission# 2170815 ~ J. 0 0 0 0 .Ml goTT· Jxgir:s.o!c J}&2eE ---------,OPTIONAL--------- {The information below is not required by low) Description of Attached Document Title/type of Document Date of Document No. of Pages ----------------------- Other Sig ner(s) h: \docs \s u rety\forms \notary . doc -. t .> ~ _·.rt:::.·,•."-:1 ~· : ~· ·~ .. -.-•.• ~. ~t.,'t"' '." .. , .• _...,, :...-·''"\ DOCUMENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND Project No.2017-03 Bond #CSB0016821 Premium included in Performance Bond THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ("Bond ") is dated March 22, 2017 , is in the penal sum Two Hundred Twenly Two Thousand Dollars ($223,000.00) [one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below . This Bond consists of this page and the Bond Terms and Conditions , paragraphs l through 14, attached to this page. Any singular reference to Scapes, Inc ("Contractor"), Contractors Bonding and Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: Scapes, Inc Name 12344 San Mateo Road Address Half Moon Bay, CA 94109 City/State/Zip CONSTRUCTION CONTRACT: at Cupertino, California. SURETY: Contractors Bonding and Insurance Company Name 250 Montgomery Street, Suite 720 Principal Place of Business San Fransisco, CA 94104 City/State/Zip CITY HALL TURF REDUCTION PROJECT NUMBER 2017-03 -------r,1 ,\~'eh-23------, "'··0-1:7 m tne1\:moun o I$_22_·3";i:J_,_"l:>_t)7t)_. _"l:> _________ (tlie enal um CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) ;A ~capes, In y /vu,,,, c,JJ Signature:~~ ~ N,m 'l'NI'~~ C f (/ms Company: orp. Se~) - ~ontractory B nding n , Insu an \J'C&npc>.n y Signature: ~ C ~ J°"-] Name and Title: David Weise, Attorney-In-Fact BOND TERMS AND CONDITIONS I. Contractor and Surety, jointly and severally, bind themselves , their heirs, executors, administrators, successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With re s pect to City, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants; and 2.2 Defends, indemnifies and holds hannless City from all claims , demands, lien s or suits by any person or entity who furnished labor, material s or equipment for use in the performance of the Construction Contact, provided City has promptly notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any claims, demands, lien s or suits and tendered defense of such claims , demands , liens or suits to Contractor and Surety, and provided there is no City Default. 3. With re spect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly through it s Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors , however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Un e mployment In s urance Code with respect to Work or labor performed under the Contract, or for City of Cup ertino 00620 -I Construction Labor and Material Payment Bond City 1--Ial I Turf Reduction 4. 5. 6. 7. 8. Project No . 20 17-03 any amounts requ ir ed to be d educted, withheld, and paid over to the Emp lo yment Development Department from the wages of employees of Contractor or Subconh·actors pursuant to Section 13020 of the Unemployment Insurance Code , with respect to such Work and labor, then Surety shall pa y for the same , and also, in case s uit is brought upon thi s Bond, a reasonable attorney's fee, to be fixed by the court . Consistent with the California Mechanic's Lien Law, C ivil Code §3082, et seq., Surety shall have no obligation to Claimants under this Bond unles s the Claimant has satisfied all applicable notice requirements. Surety 's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety under this Bond. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under any Consh·uction Performance Bond and seco nd , to satisfy obligations of Conh·actor and Surety under this Bond. City shall not be liable for payment of any costs, expenses , or attorney's fees of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to , give notices on behalf of, or otherwise have obligations to Claimants under this Bond . Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Conh·act, or to the Work to be perforn1ed thereunder, or materials or equipment to be furnished thereunder or the Specifications accompanying the same, shall in any way affect its obligations under this Bond, and it does hereby waive any requirement of notice or any s uch change, extension of time, alteration or addition to the terms of the Construction Contract or to the Work or to the Specifications or any other changes. _______ 9,__ __ ~S~i i~i1~a""Eg;~a~i o~s~1~S~i icet¥-on-this Bond may_b.e...b.i:o.ughLh-¥-a~la.i.mau.t,....or-i.ts-assigns,..at..ai:1Y-tim~fteJ:-tl:i~la.iman.,_ ___ _ 10 . l I. 12. 13. has furnished the last of the labor or materials, or both, but, per Civil Code §3249, must be commenced before the expiration of s ix months after the period in which stop notices may be filed as provided in Civi l Code §3184. All notices to Surety or Conh·actor shall be mailed or delivered (at the address set fo1ih on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be s ufficient compliance as of the date received at the foregoing addresses. This Bond has been furnished to comply with the Ca lifornia Mechanic 's Lien Law including, but not limited to , Civil Code §§3247, 3248, et seq. Any provi sion in this Bond conflicting with sai d statutory requirements shall be deemed deleted herefrom and provision s conforming to s uch statutory or other legal requirements sha ll be deemed incorporated herein . The intent is that this Bond sha ll be construed as a statutory bond and not as a common law bond . Upon requ est by any person or entity appearing to be a potential ben eficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. Contractor shal l pay to person s performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevai lin g rate of per diem wages for (1) work of a similar character in the locality in which the Work is performed and (2) lega l holiday and overtime work in said locality . The per diem wages shall be a n amount equal to or more than the stipulated rates contained in a schedule that has been ascertained a nd determined by the Director of the State Department of Indu strial Relations and City to be the general prevai ling rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor sha ll also cause a copy of th is determination of the prevai lin g rate of per diem wages to be posted at each Site. C ity of Cupertino 0062 0 -2 Construction Labor and Material Payment Bond C ity H a ll Turf Reduction Project N o. 201 7-03 14 . Definitions. 14 .1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code §3181. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas , power, light, heat, oil , ga soline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for perfonnance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be asse1ted . The tenn Claimant shall also include the Unemployment Development Department as referred to in Civil Code §3248(b). 14.2 Construction Contract: The contract between City and Contractor identified on the signature page of thi s Bond, including all Contract Documents and changes thereto . 14.3 City Default: Material failure of City, which has neither been remedied nor waived , to pay the Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract. END OF DOCUMENT C ity of C upertino 00620 -3 C on s truction La bor a nd Ma te ri a l P ay me nt Bond C ity H a ll T ur f Re du ction California All Purpose Acknowledgment A no tary public o r o th e r o ffi cer comple ting this certifi c ate ve rifi es o nl y th e id e ntity o f th e indi vidual w ho sign e d th e docu m e nt to w hi c h this certifi ca te is attac h e d , a nd no t th e truthf ulness, a cc ura cy, or va li d it y o f th a t docume nt. State of County of California Sacramento On __ Ha_r_c_h_2_3..c....,_2_0_11 _____ , before me, Lynn Patton, Notary Public Date Name & Titl e o f O ffi cer/No tary personally appeared Da v id Weise --------------------------Names (s) o f Sig ne rs(s) who proved to me on the basis of satisfactory e v idence to be the personf5+ whose namef5+ is/eIB subscribed to the within in strument and ac know ledg e d to me that he/5Ae/me-y e xe c uted the same in hi s/Aef/-f-1::IBH: authorized capacityf+e5+, and that b y his/Aef/-f-1::IBH: signaturef5+ on the instrument the personf&t, or the entity upon behalf of which the p erson fs± acted, e x ecuted the instrument. I certify under PENALT Y OF PERJUR Y under the la ws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. a LYNN PATT ON _ Notary Publi c · Californi a ~ Sacrame nto Cou nty f z Comm iss ion# 21708 15 .. J. o , o o ,Ml go2'T,Jxf17su°!cJ,}~2&E --------OPT/ONAL--------- {The information below is not required by law) Description of Attached Document Title/type of Document Date of Document No . of Page s --------------------- O ther Signer(s) h: Id ocs l su retylform s I n ota ry . doc I POWER OF ATTORNEY RLI . t:/Jic an RLI Comp a ny 9025 N . Lindberg h Dr. I Peoria, IL 6 I 615 Phone : (800)645-2402 1 Fax (309)689-2036 RLI Insurance Company Contractors Bonding and Insurance Company Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company , each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Nicki Moon, David Weise, jointly or severally in the City of Rancho Cordova , State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to-wit: 11 All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the -----1--(1_0rp0Fate-n-a-me-ttHbet0rporat-ion-by-ilie-P-residen-t,-Secret-a-ry,any-Assistant-Secreta-ry,'Freasurer,-orany Vtce-Pre,.;u,,.,,, u, u 1 such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WI1NESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 8th day of December, 2016. State of Illinois County of Peoria } ss On this 8th day of December , 2016 before me , a Notary Public, personally appeared Barton W. Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation . ~)Jz.~e-<-. ~kier Nc tary P~blic ~IT~ "OFFICIAL SEAL " " NOTA RY f: fr~:~1g,r JAC QUELI NE M . BOCKlER ILLINOIS ' COMMISSION EXPIRES 01/14/18 RLI Insurance Company Contractors Bonding and Insurance Company ~ ~ I</. ?1!r= Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore , that the Resolution of the Company as set forth in the Power of Attorney , is now in force . In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 23rd day of March 2017 __ . ranee Company ' Vice President 047534902021 2 A0059! !5 DOCUMENT 00630 GUARANTY Project No. 20 I 7-03 TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of CITY HALL TURF REDUCTION PROJECT NUMBER 2017-03 CUPERTINO, CALIFORNJA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein . Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work in c luding, without limitation , all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final paym ent nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom , which shall appear within one year, or longer if specified, from the date of Final Acceptance. If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws or reg ulations , or by the terms of Co ntract Document s, any Work is found to be defective, Contractor shall promptly , without cost to City and in accordance with City's written instructions, correct such defective Work . Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resu ltin · comply with the terms of such instructions , or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work , or defects are discovered outside the correction period , City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected , accepted , and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material , or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period. All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents, including, without means of limitation, Section 00700 (General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents , and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Co ntractor 's duties , obligations, and performance under the Contract Documents . In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor. S t -M GS, OJ C, Contractor 's Name (2-'1;41.{ StA,,\t\ ~ ~..A_ Address ~~~r CA q Ll o 14 Crty/Stte/Z1p · Date END OF DOCUMENT City of C upertino 00630 -I G uaran ty City Hall Turf Reduction DATE: 8/18/2017 Contractor: Scapes Landscape Company, Inc . 12344 San Mateo Road Half Moon Bay, CA 94019 CITY HALL TURF REDUCTION PROJECT NO. 2017-03 CONTRACTCHANGEORDER3 CCO# 3 -------- P.O.# ;2ot-::t--411 ....;;;..-=-~-....;.....;.....:::....-_ Acct. # _4, ~2P ...... ·-2-1, ....... o--,~____,f lJlJ -f ~ The following changes are hereby approved, notwithstanding language in any attachment to the contrary, Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay, impact, inefficiency, acceleration, extended overhead, increased supervision, compression and all other factors affecting cost arising from the subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers. Change City Authorization Description $21,000.00 No. Type and No. Owner furnished contractor installed and 3 RFP 002.A contractor furnished contractor installed bench $21,000.00 improvements per RFP 02 .A. Per phone discussion on 8/17 /17, reinforcement agreed to be #4 rebar at 12" O.C. Per phone discussion on 8/17/17, contract extension adjusted by an additional 42 calendar days to include lead time for contractor furnished contractor installed benches. Total contract extension equals 56 calendar days. Page 1 cco 003 CITY HALL TURF REDUCTION PROJECT NO. 2017-03 CONTRACT CHANGE ORDER 3 Total Change Order No. 3 Total Project: Original Contract $ 223,000.00 Change Order No . 1 $ 21,994.15 Change Order No. 3 $ 21,000.00 $21,000.00 $ 21,994.15 $ 21,000.00 Revised Contract $ 265,994.15 Total Change Orders $ 42,994.15 Schedule Impact: 56 calendar days Project Final Completion Date: 10/31/2017 REVIEWED BY: APPROVED BY: Katy Jensen CIP Manager Date: t>/'Z-1 / 'Zo I+ I G~y Glenn Rock Project Manager Date: 8/18/17 -City of Cupertino Timm Borden ....... Director of Public Works Date: Date: cco 003 REQUEST FOR PROPOSAL Project: City Hall Turf Replacement Project No.: 2017-03 RFP No.: 02.A To: Scapes, Inc. Date: 8/2/2017 12344 San Mateo Road Return By: 8/7/2017 Half Moon Bay, CA 94109-7112 Attn: Jackie Hodgdon Requested By: Glenn Rock Reason for Request: Owner furnished contractor installed (OFCI) bench improvement and contractor furnished contractor installed (CFCI) bench improvement · Please submit a firm quotation for any adjustment to your contract for the following change: I See attached revised RFP plan sheets delineating OFCI and CFCI i mprovements. Attachments: I Plan sheets (Total of 8) Time and Materials Not-to-Exceed X Lump Sum Not-to-Exceed x Do NOT proceed, submit quotation only Shop Drawings Required Proceed with work and submit quotation X No Shop Drawings Required Return this request with your quotation noted below Authorized by: and attach all detailed back -up for the change outlines Glenn Rock%- above. Your quotation will not be considered valid · unless detailed back-up is included. Failure to comply will result in payment delays. Date: 8/2/17 THIS SECTION TO BE COMPLETED BY THE CONTRACTOR For the change outlined above, we propose: An increase of$ :Z, 1 000 to the contract amount A decrease of$ _____ to the contract ·amount No change . vJOv\.d~ The above will necessitate '.10 additional days extension of the original contract completion date . By: -..V\C,\?u~-ttDP u Dorv Title: ?R.OS&u::1 M N0kuajes1. Company: SCMES, I NC.-, Date: ·Wll City of Cupertino City Hall Turf Reduction Project-# 2017-03 /- ' I· L----·--'-----'--_J ---===-=======·--=-==-"' ' (,..,ti.I !Sil \.._,/ & r~------- L----· ... 0 ·---·---i l I i -~::i l l i ... -! I i' (1~;:i : ; • I;: I I ! I i ! •I j I i ·-n H -______ =ij ?,: I - ' ,-., .. ---;:-:-;;-1(-:·--·---·----------_,..-,..,-+t:--:---~':,F~7------------·-d ··• "tt, t.,:,~) /' / I ..... :'O •• ,. ... "S<·J{.,.,,_"" I\ • ., • • 4~ ... "•«"-'1-!'i:.._)'.. ... ,;~")i<J!(.1'!.)l• '<f,;-~ / r;' '·-~-. -<--,.~--~ .. -... . ' . '; • )I., 'L ~" ll, ----_-_-_-_-______ _ __ , _______ "---·-·· _____ :_~~---··-·-.. ______ _;,1·t.·'.!_· ______ ~------:~/ -------------------------------------· !RFP Revised 8/2/20'17 RFP fo r Installat ion of Benches Proposal for the following : Rodrigues 1 _ Purchase benches -co ncrete square bench -Belson Outdoors, model# TF5119 -6 units a_ (Precast concrete square bench, 36" Sq _ x 18" H; color: W26 Weatherstone/Charcoal) 2 _ Pick up Landscape Forms benches purchased by City -Arcata bench -3 units a. (Pick up location· 10555 Mary Ave, Cupertino, CA) 3. Construct pads for benches -5-1/2" depth reinforced 3000 psi concrete pads 4 . Restore compacted DG paving to edges of concrete pads 5. Install Belson benches -center and place on pad ; free-standing 6 . Install Landscape Forms benches -surface mount; bolt to pad per manufacturer's recommendation ,,Socym=bo,clc,:#c.:U,,_n"-'i-"ts'-"'M'-"a"'n"'u'-"fa"'c""tue.;re"'r---------'M=od""e"'l ______ _,D,.,,ecesecc'-"rip.,,t,,io"'n'---------'S"'iz"-"-e fd x h x I) Ship Weight c:l 3 Landscape Forms Arcata Ba cked Ben ch Exterior Woods, no Fi nish 24 _0" x 32 _0" x 74 .0" 270 lbs _ ca s Belson Outdoors TF5119 on 24 "x74 "x5-1/2" cone . slab Precast cone_ square bench, 36" Sq . x 18" H co lor: W26 Weatherstone/Charcoal on 36 "x36 "x 5-1 /2" cone . slab 825 lbs . BELS5 N" ''t our 'O ui(U)v r S upn·J foJ e 0 U T O <>'o!R S 1-800-323-5664 M-F 8:00am -4:30pm CT •11•·!:Z<'.>tt.- ;~~c Fr~:0 Caia:O!J <'T-~~1ct U:?-1 F!:.J)s <)1r1 Squan~ C ·,r,f"tt. Build More Community Standalone square concrete benches have a strong presence. The un ique 3' x 1-1/2' size gives this square structure opportunity to provide · a community with both bench and an impromptu sitting table. Dimensions : 36"Sq . x 18"H The simple square design with a slight recessed base , smooth curved edges and wide surfaces all accentuate the natural elements of the concrete material. This multi-functional , security ready, hexagon bench is constructed entire ly with steel rebar reinforced ASTM compliant concrete . Please Note Concrete benches needs to be p laced on a solid flat footing that will not shift, flex or move. A-cia \/Vash Colo r Option$ ':.~-j}': . ~ .... ._,,h ~te-buff S:-:!Hd gmv .•' lmt:k red b :u·,'1n cha r.coat Model TF5119 Widely installed for providing the durability demanded from high volume landscapes . Available in standard and premium se lection of finish and co lor options to meet that demand . V\'eo tt:er:;tc 1e Color Optic,ns ,-,t,•te b r-c!( rf.d buff s:;nd -;;rey b:ro wt, ch~n::oal 1/1/ea the:slone Gl;~s.s Concre te Co lor Options\~ -C U SJf ·~ -CUS7') -"'~-- c:~a,ttr!I.' charco-.:;1/ cnarc1)21.' t:aa rc.1)2:I.' r;n ,ii rc ::;a:r gr<":y .r gra•1 ,· ~;ra ·/,' gra·t gra:;/ clear c:..h arcoaf ' amber• em~rald.,,-blue ··· cle8r chcr ::;oa l"· .a mb er' eme r,3l d .. ,. blu e~, ,•. ,: ~.•;-'!I-·;.\ .. ; t t ~. . .. . .~,:,e; wh 1fe / wt11 t~.' wh ite; v.11 ii-Qt v,rfl itet c!ear· c:hc r r:oa l' an•ber -ern e rald :., blu-B ;' : .... ~ .• .!' $cifld i c;lear .. l }i -... ; ~,,, '4. s?.n d! satl<l .' .;;.hc.rcvai-<:1rr i bt;'r " ernernl<f'.; ,\'t\ $aoct/ biuo " '9' Item Specific Details Available on Linked Model Numbers Below Ll )l ?.IL ~J G+ ? () kl .Se:: ;r~1 l-(H1cre1e BPn~ h Ot, TF5 119 Choose Color ... 0ild :Sq a1 C.::ncrnte E er , Ground G!:.iss Concrete Finish Options TF5119-CUS4 I Choose Color TF5119-CUS7 !Choose Color (Prices F.0.B. Origin) ... ... (825 lb s) $516 .00 (825 lb s) $722.00 (825 lbs) $903 .00 Bulk Inquiry Add to Cart Pr ecast Concrete Hexagon Bench . '. Previoos Produ.::I Related Products 35 Gallon Concrete Receptacle Concrete Drin king Founta in Copyright and Disclaimer© 1993-2017 , Belson Outdoors, LLC ,-..JJ,,,., 1948 ~69 :2.on ~ ~~~--e..- Stain less Stee l Circu lar Bike Rack Nexl Prod uct Home I Free Catalog I About Us I Contact Us I FAQs I Privacy Policy I Site Map I Sh opping Cart 111 North River Road I North Aurora, IL 60542 1 (800) 323-5664 I Fax : (630) 897-0573 I sales@be lson.com I Be lson Outd oo rs -Qu ote WQ 2 04898 Page I o f 2 You have received th is Qu ote per yo ur request fr om Belso n Outd oo rs (bel son.com). If you are havi ng trouble reading this email ? View it ,n your brov,ser or go to hit s://www.belson.com/Secu re/Re uest.as x?O rderl D=204898&Ke =3838 .71666163086 ................................................................................................................................................................................................................................................................................................................... Quote# Q 204898 Here is the Quote as per your request. The 'Shipping ' total has been appl ied. To place an order , simply click 'Submit Order Confirmat ion' be low . P lease print this page for your records. Customer Order Confirmatio n is requ ired to process o rder. 111 North River Road North Aurora , IL. 60542 sales@belson .com To ll Free: 1-800-323-5 664 Phone : 1-630-897 -8489 QUOTE# WQ 204898 Fax: 1-630 -897 -0573 Mode l # De sc ription Lbs Qua ntity Uni t Pri ce Unit Total Precast Concrete Square Bench , 36"Sq . x TF5119 18"H 825 6 $516 .00 $3 ,096 .00 -W26 Weatherstone I Charcoa l Subtotal 4 ,950 Subtotal $3,096 .00 (ll !i nois Onlyi Tax $0 .00 Custom er Order Confirma ti on is required to process order. S h ipping $1 ,032 .23. Your Order will not be sh ipped without your "Orde r Confirmation" Gran d Total $4 ,128 .23 Bill To: First Name " Katy Last Name · Jensen Company City of Cupertino Address "' 10300 Torre Avenue Address City • Cupert ino State " CA Zip Code * 95014 Cou ntry Phone " 408-777-3248 Fa x Email katyj@cupertino .org ,/ Phone Ca ll 24 Hours Prior to Deli very ,- Ship To: First Name Katy Last Name Jensen Company City of Cup ert ino Address " 10300 Torre Avenue Address City ' Cupert ino State * CA Zip Code • 95014 Country Phone 408 -777 -3248 Fa x Email katyj@cupertino .org Delivery to Residential or Non-Commercial Tru ck Route Add resses http s://www.be lso n .co m/sec ur e/requ est.as px?Ord e rID =2 04 89 8&Key=3 83 8. 716 66 16 3 08 6 ' .. J 8/2/2 017 Belson Outdoors -Quote WQ 204898 v 8©w.er iftgatel.S'."egJite , 0 Elri11eriwill-lo'wen.s lt/i pment,fobni ct heitmcckttmthe igr0um'cf1(t0 .nly)e truck . :,, Does Not apply to UPS shipments Special In structions MJ-email Intended Payment Method VfSA t ·---· "' Visa MasterCard American Express Discover Check with Order 0 0 0 0 0 Order Confirmation Method -Customer Confirmation is Required to Complete Order @ Email Order Confirmation 0 Fax Order Confirmation katyj@cupertino.org 0 Customer Service Representative Call (M-F 8 :00am -4 :3 0pm CST) What is the best day and time to call? Contact Name (If Different than 'Sold To'} Phone Page 2 of2 On Account 0 Su b m it Orde r Confi rm ation Cancel Orde https://www.belson.com/secure/request.aspx?OrderID=204898&Key=3 83 8. 71666163086 8/2/2017 Arcata® Installation Guide I a ndsca pef ormse Bench ""· ' ....• .l' 1)' Bench options Included components • Assembled bench • For surface mount option: (6) each 1/2-13 x 1-1/2" hex head cap screw, drop-in anchor for 1/2-13 screw and 1/2" flat washer. Setting tool for drop-in anchor included. ( \ ' 6x-hex head cap screw (surface mount only) Tools Required • Safety glasses 6x -flat washer (s u rface mount only) i' 6x -drop-in anchor (surface mount only) lx -setting tool (surface mount only) • Hammer drill with 5/8" dia masonry drill bit (for surface mount) • Hammer (for surface mount) • 3/4" wrench (for surface mount) ASSEMBLE WITH CARE! Pangard II ® Polyester Powdercoat is a strong, long-la sting finish . To protect this finish during assembly, place unwrapped powdercoated parts on packaging foam or other non- marring surface. Do not place or slide powdercoated parts on concrete or other hard or t ex ture d surface -this will damage the fi nish causing rust to occur. Use touch-up paint on any gouges in the finish caused by assembly tool s. Date : May 2011 U.S. Patent No. D453,424; D455,919; D451,296; D450,952 www.landscapeforms.com Ph: 800.521.2546 PROCEDURE FOR INSTALLATION: 1. Prepare proper footing or slab as required . Note: Land sc ape Forms is not responsible for footing or slab instal la tion . FOR SURFACE MOUNTED BENCH : Note: DO NOT DRAG bench across concrete or other rough surfaces. This could damage the powdercoat on the bottom of the base plate . 2. Place unit in desired position and mark anchor locations through holes provided in base plate. 3. Move unit and drill holes according to Fig. 1. 4. Clear the holes of dust and debris using compressed air. 5. Install drop-in anchors flush with surface of concrete . 6. Expand anchor with setting tool. Anchor is properly expanded when shoulder of setting tool is flush with top of anchor. 7. Place unit in desired position and install the washers and hex bolts. Tighten to 55- 60 ft-lbs. 8 . Periodically check fasteners and tighten if required. [Slmn1 2' HOLE DEP1H Fig . 1-Anchor Detai l 1/2-13 ;,c: 1-li2" HEX BOL1 AND l :'2· 13 ·t~ AS HER STAINLE SS STEEL Page 1 of 2 Arcata® Installation Guide land sea peforms* Bench NOTE: CONCRETE SHOULD BE STEEL REINFORCED, CONCRETE : f'c = 3000 p.s .i. '102mm ; 4 .. M IN ' r ···· ~ 1 1 l I 11 ! >Auu ..;. __ ....... _ ... . RECOMMENDED INSTALLATION DETAIL FOR MOUNTING ALONG SIDEWALK ····~-.. ! ~, ... ,f ,,i .'-t ,; CP'>lTER BENCH ON CONCRElE l 914mm i 36" SQ U ARE · ·- M IN RECOMMENDED IN STALLATION DETAIL FOR MOUNTING TO NEW SLAB ' www.landsc apeforms.com Ph : 800.521.2546 .... .. / ~<~ <. \ .: .. ... / EXPANSIOl'l JOINi '",, . -,~ ~ i "22rnm ··,,.,.,,, /,.,/[222mrnj 8~3 /4" •,,,,,<_ / / 8 3/4' MIN ' ·,,. ! ,/' #' M l N EDGE OF CONCRETE , '-..!,.,.. ,"' SPACING FOR SURFACE MOUNT BENCH i45L, r ____________ i l i C EN TER BENC H .. 17 7 /8' SEAT HEIGHT FR OM GR.A.DE Date: May 2011 J 483rnrri 19'° OR FROS TUNE WH iCH EVER IS DEEPER l ! I , ON FOOTING .>,.,,7'"-'fT,~-·,c-1 -•. ·¥:·u "":· .. 762mm 30" SQUARE IY'.!N RECOMMENDED CAISSON FOOTING FOR SURFACE MOUNT BENCH U.S. Patent No . 0453,424; 0455,919; 0451,296; 0450,952 • .. l [914mm ; 36" OR FROSTUNE \VHICHE'/ER 15 DEEPER [ 610mm ] ;)24" /\l'dN - RECOMMENDED CAISSON FOOTING FOR EMBEDDED BENCH Pa g e 2 of 2 C: 0 ·.;; ro u 0 ....J 0. :l ' ..:.:: u a: ..r::. u C: Q.J ca ro ..., ro u ... <( I 0 C: "t Q.J 0. :l u " , • 11;·,.1, 0 0 <l "" '.J i .1 I _,.~ \' l, ,., .. ~ <I) 0 t fl ,.1, I. 0. ·; ,l .l -..1· {; ~, ' 0 .. .-!·. a ,;1 ' [ I () 0 .:., .J ,1, }' ,;': .. - / () ,. , ; i . I· 0 :t . 1 1 I,. l j j ¥ JJ~ ! .) '\·, • . , .. ,.,, .. :. "T, .. , ... (' ~ .. [ . C' 0 J?O jj !1y· "' '., ,;,J .. l '·